From PCS (Public and Commercial Services Union)
PCS welcomes today’s Court of Appeal ruling that the UK government's plan to send asylum seekers to Rwanda is unlawful.
The
court agreed with PCS’ argument that Rwanda was not a safe country to
deport refugees to; and that there was a serious risk that they could be
sent back to a country in which they may be subjected to torture,
inhuman or degrading treatment, contrary to Article 3 of the European
Convention on Human Rights.
In July 2022, PCS, alongside Care4Calais, Detention Action and eight
refugees, launched a legal challenge by way of judicial review to the
governments Rwanda policy, which is designed to deport refugees to
Rwanda without allowing due consideration of their asylum claims.
PCS was clear that we were taking action on behalf of our members in
the Home Office, in order to improve their working environment by
removing the hazards and hostility created by the policy; and in
solidarity with refugees who were being subjected to its inhumanity.
In September 2022, the High Court ruled that the policy was lawful,
but it quashed the decisions to deport the eight refugees and ruled that
they should be reviewed. An application was made by the refugees to the
Court of Appeal, adopting our generic grounds of argument as to the
general unlawfulness of the policy.
Mark Serwotka, general secretary of PCS, said:
Although we welcome this decision from the Court of Appeal, PCS
recognises that the fight against this government’s disgraceful
anti-immigration agenda is far from over.
It is not immigration but political choices by this government that
have driven down wages and starved public services of the resources they
need to prosper. Instead of facing up to the consequences of their
actions, it acts to criminalise and scapegoat refugees who are fleeing
from death, torture and persecution.
As we have demonstrated through our work with Care4Calais and
Detention Action, our union will not stand idly by as refugees are
subjected to inhumane policy proposals and inflammatory rhetoric by this
government.
PCS Head of Bargaining, Paul O’Connor, who has been leading the campaign for the union, said:
The decision of the Court of Appeal is a vindication of our
position. We do not take litigation lightly, but we could not stand by
and allow our members to be subjected to stressful, dangerous and
hostile working conditions; nor could we stand by and allow refugees to
be subjected to this inhumanity.
The government is consistently pouring money down the drain in its
attempts to stop the Channel crossings – none of its plans are working.
In fact, since the Rwanda policy was announced, far from being a
deterrent, the number of crossings has increased.
It is time for the government to adopt the Safe Passage policy put forward by PCS and Care4Calais. That
is the solution to the Channel crossings. It is the only way to prevent
tragic deaths in the Channel. It would allow refugees to have their
asylum claims properly and safely considered; and would allow our
members to do their jobs without consistently ridiculous political
interference.